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Timoti v Hamill and Anor
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for applicant’s failure to use reasonable skill and…
- Result:
- Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages ($10,029) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (counterclaim – breach of contract)(counterclaim – penalty – good faith) ; Costs reserved
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New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc. v Wellington City Transport Ltd (Go Wellington)
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out application as frivolous or vexatious
- Result:
- Application dismissed ; Costs reserved
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Johnston v Smith t/a Rose Giardino Montessoris Nursery School
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by respondent - Respondent’s company in process of being struck off Companies Registrar - UNJUSTIFIED DISMISSAL - Dismissal -…
- Result:
- Application dismissed (unjustified dismissal) ; No order for costs
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Horst v Swift Property Maintenance Ltd
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES – Applicant sought arrears of wages - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent
- Result:
- Applications granted ; Arrears of wages ($2,307.69) ; Reimbursement of lost wages ($2,657.92) ; Compensation for humiliation etc ($5,000) ; Costs reserved
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Brennan v Afos Ltd t/a Kiwi Pallets and Ors
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- INJUNCTION – Applicant sought order excluding evidence of witness for respondent – Whether witness impartial – Whether witness’ evidence largely hearsay – Whether witness to give evidence on ultimate issue
- Result:
- Application dismissed ; Costs reserved
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Holt v Rural Women New Zealand Incorporated
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of particular terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Spencer v SDK Ltd t/a Northliner Express
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Workshop manager
- Result:
- Application dismissed ; Costs reserved
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Service and Food Workers Union Nga Ringa Tota Inc v Skycity Auckland Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE - Parties disputed which employees were covered by pay increase in Schedule A of collective employment agreement (“CEA”) - Applicant argued pay increase applied to employees who temporarily performed…
- Result:
- Questions answered in favour of applicant ; Costs reserved
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Khan v Minstriy of Business, Innovation and Employment
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Child adopted overseas – Applicant on work visa - Applicant applied…
- Result:
- Application granted ; Costs reserved
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Feeney (Labout Inspector) v Khoobsurat Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - PENALTY – Applicant sought penalty for respondent’s failure to provide accurate wage and time,…
- Result:
- Applications granted ; Arrears of wages and holiday pay ($18,515.71) ; Penalty ($30,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs